Bill would guarantee certain rights, prohibit discrimination

A San Francisco assemblyman has introduced a bill called the "Homeless Bill of Rights," which would guarantee the homeless certain rights in public places and prohibit discrimination against the homeless by defining them as a protected category of people.

The following information is based on local data submitted for an report that examines the extent of homelessness throughout the United States in 2011. In this slideshow, get a snapshot of homelessness in Sacramento, San Joaquin and San Francisco counties.

AB 5, introduced by Assemblyman Tom Ammiano, would also guarantee the homeless legal representation if they are cited under local laws, for example, against loitering.

The bill would give the homeless the right to 24-hour access, seven days a week to public bathrooms, and even the right to urinate in public, calling that a condition of homelessness. It would also give the homeless the right to sit and sleep in public places.

Advocates for the homeless gathered outside the state Capitol Thursday morning and rallied in support of the bill.

The League of California Cities and the California State Association of Counties both said they are reviewing the bill and have not yet taken a position. Though, some legal experts believe cities and counties could pay for costly litigation if the bill passes -- it guarantees the homeless the right to an attorney if they are cited.

"Whenever you get a new right created, there's an initial flurry of litigation to determine what it means and that costs money," said Brian Landsberg, a professor at McGeorge School of Law. "And then there could be ongoing litigation if cities don't change their practices."

But, Landsberg also said that it may be difficult for the homeless to prove discrimination as long as cities and counties are applying laws to everyone in a community, not just the homeless.

"So, if we say that you can't have camp sites at night on the American River Parkway, that's not directed. That applies to everybody."

Civil rights attorney Mark Merin, who is supporting the bill, said he hopes it will encourage cities to devise solutions for homelessness.

"It'll put the pressure on cities, I hope, and the state, to start figuring out the basic questions of the causes of homelessness and what to do for homeless people," Merin said.